No. 00-1417.

265 F.3d 1294 (2001)

ADVANCED CARDIOVASCULAR SYSTEMS, INC., Plaintiff-Appellee, v. MEDTRONIC, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

September 10, 2001.

Attorney(s) appearing for the Case

Edward A. Mas, II, McAndrews, Held & Malloy, Ltd., of Chicago, IL, argued for plaintiff-appellee. With him on the brief were Timothy J. Malloy, Leland G. Hansen, and James M. Hafertepe.

Ernest I. Reveal, Robins, Kaplan, Miller & Ciresi L.L.P., of Minneapolis, MN, argued for defendant-appellant. With him on the brief were Kevin D. Conneely, Rita Coyle DeMeules, and Susan L. Dunbar.

Before BRYSON, GAJARSA, and LINN, Circuit Judges.

LINN, Circuit Judge.

Medtronic, Inc. ("Medtronic") appeals a final judgment from the United States District Court for the Northern District of California. Advanced Cardiovascular Sys., Inc. v. Medtronic, Inc., No. C-95-3577 (N.D.Cal. May 17, 2000) (judgment). The district court decided, on summary judgment, that claim 3 of United States Patent No. 5,451,233 ("'233 patent"), owned by Advanced Cardiovascular Systems, Inc. ("ACS"), was not invalid, not unenforceable...

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